Alabama Powersport Auction, LLC v. James Wiese, as Father of Matthew Hunter Wiese, a Minor

Summary

The court held that a breach-of-warranty theory cannot support an Alabama wrongful-death claim and that the prior decision addressing the finality of a partial judgment did not change that rule. It also held that an auctioneer selling consigned goods may be liable as a merchant-seller for breach of the implied warranty of merchantability when the auctioneer does not disclose the principal for whom the goods are sold. Chief Justice Moore, joined by Justice Bolin, and Justices Stuart and Bryan concurred in part and dissented in part, agreeing on the wrongful-death issue but rejecting the merchant-seller holding.